Confronting Undue Influence in Your Practice?Confronting Undue Influence in Your Practice?

Individuals with estates both large and small can be susceptible to undue influence, which is becoming more prevalent as the basis for attacking estate-planning documents. As our population ages and becomes more vulnerable, the risk of undue influence being exerted increases. In fact, the Alzheimer’s Association predicts that by 2030, 20 percent of the U.S. population will be over 65.¹  

Accordingly, it’s increasingly important for attorneys to understand and identify vulnerabilities and the indicia of undue influence. This task becomes critical:

1. During the initial representation phase, in understanding the issue of competency versus undue influence;

2. In the drafting phase, in recommending options and practices to protect the integrit...